Judge Rakoff found that the staff opinion letters were not entitled to judicial deference, in part because they did not contain the sort of detailed analysis that he might find persuasive. Declining to provide that sort of analysis himself, he simply notes that there are "significant differences" between an "opt-out class action" and an "opt-in FLSA collective action." Accordingly, plaintiffs' action must be arbitrated before the FINRA forum. He also directs the parties to report to him, every three months, on the status of the arbitration.